Occupy Albany protester Megan Hansen of Albany writes out a schedule for a "teach-in" as demonstrators begin to assemble in Lafayette Park in Albany Tuesday afternoon May 1, 2012. (John Carl D'Annibale / Times Union) less

Occupy Albany protester Megan Hansen of Albany writes out a schedule for a "teach-in" as demonstrators begin to assemble in Lafayette Park in Albany Tuesday afternoon May 1, 2012. (John Carl D'Annibale / ... more

Photo: John Carl D'Annibale

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Occupy Albany protester Bradley Russell of Albany carries a sign with a photo of Mayor Jennings as the group begins to assemble in Lafayette Park in Albany Tuesday afternoon May 1, 2012. (John Carl D'Annibale / Times Union) less

Occupy Albany protester Bradley Russell of Albany carries a sign with a photo of Mayor Jennings as the group begins to assemble in Lafayette Park in Albany Tuesday afternoon May 1, 2012. (John Carl ... more

Photo: John Carl D'Annibale

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The first Albany Occupy protestor is arrested after the 11pm curfew in Lafayette Park in Albany N.Y. Tuesday May 1, 2012. (Michael P. Farrell/Times Union)

The first Albany Occupy protestor is arrested after the 11pm curfew in Lafayette Park in Albany N.Y. Tuesday May 1, 2012. (Michael P. Farrell/Times Union)

Photo: Michael P. Farrell

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Albany Occupy protestor are surrounded by police following the first arrest after the 11pm curfew in Lafayette Park in Albany N.Y. Tuesday May 1, 2012. (Michael P. Farrell/Times Union)

Albany Occupy protestor are surrounded by police following the first arrest after the 11pm curfew in Lafayette Park in Albany N.Y. Tuesday May 1, 2012. (Michael P. Farrell/Times Union)

ALBANY — Twenty protesters were arrested by State Police after 11 p.m. Tuesday as Occupy Albany returned to Lafayette Park.

The protesters stood behind a large banner that read "Resistance is Fertile."

Earlier in the day, three Occupy members were arrested by State Police after refusing to remove tables and other structures they set up in the park, authorities said.

By 10 p.m., about 80 people had gathered as crowds of state troopers huddled on the northeast and southeast corners. Nearby, a drum circle provided a backbeat for the demonstrators.

Chants of "We are unstoppable; another world is possible" rose in the damp evening air as the group gathered for what was billed as its most boisterous demonstration since Occupy Albany lost its visible perch between the Capitol and City Hall.

At a news conference held by organizers of the protest, Mark Mishler, an Occupy Albany attorney, repeated that the protesters were in the park legally. "I don't think a curfew exists," he said. "We hope we will continue to be able to do this without interference from police."

A sign put up by protesters played off the city's "keep off the grass" signs: "Democracy restoration area, please keep off."

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Earlier in the day, two men, 58-year-old Bruce Bisson of Melrose and 48-year-old Timothy Holmes of West Chazy, were taken into custody just before 11 a.m. as the leaderless anti-corporate movement was preparing for a daylong May Day protest in conjunction with other Occupy movements across the country.

State Police said the men were trying to erect an EZ Up shelter.

A woman, 47-year-old Joanne Farrell of Rensselaer, was arrested just after noon when roughly 125 demonstrators set out for a clamorous march across the city. The woman was setting up a table and would not fold it up, said State Police Maj. William S. Sprague.

The three protesters arrested earlier in the day were charged with second-degree obstructing governmental administration and disorderly conduct. Charges faced by those arrested later in the day were not available.

Sprague said the protesters, who organized a mass rally in the state-owned park across from the Capitol, were warned to take down the structures before their arrests. Sprague said there would not have been a problem if the protesters had the proper permits.

"We told (Occupy Albany) attorneys that this would not be an issue if they had the permits for whatever they wished to set up," Sprague said. "We asked their lawyers why they didn't want to get permits. They said they asked, but (the protesters) didn't want to."

Though there were no tents in sight, many at Tuesday's rally said they planned to stay in the park as long as possible.

Occupy member Jess Dowsett said a test run was done a few nights ago in which protesters set up a tent and tipped police to its presence. She said police circled the tent, but they did not remove it and did not make any arrests.

Earlier Monday, city officials said Albany police would be enforcing the 11 p.m. curfew in the adjacent city-owned Academy Park as well.

However, Mishler said Tuesday that "There is no temporary restraining order in effect right now." Mishler said federal law states that such an order cannot last more than 14 days and that the city did not seek an extension.

Albany County District Attorney David Soares reiterated Monday that he would not prosecute the protesters for nonviolent offenses, a promise he made good on when more than 80 demonstrators were arrested after they crossed into Lafayette Park past curfew in November. Some of the protesters questioned why the arrests were being made if their cases would be dismissed. "What's the point?" said Occupy Albany member Daniel Robins. "Why do they keep arresting us if Soares is just going to throw the case out?"

Tuesday's arrests and news from city officials that Academy Park's curfew would be enforced seemed to be aimed at preventing Occupy Albany from establishing a foothold in either park.

The group's return comes four months after police removed its members from an encampment the movement built in Academy Park beginning on Oct. 21.

Albany Police Chief Steven Krokoff said Monday he does not expect a repeat of the ugly Dec. 22 tug of war between protesters and police in which an officer deployed pepper spray as activists struggled with city police for their final tent.

"We're not too concerned about it," Krokoff said Monday. "We're hoping that people come and exercise their First Amendment rights and follow the rules that are laid out for them. There's no reason that they can't accomplish what they want to accomplish and do it within the confines of the law."

Snow fencing and signs telling people to stay off the grass bordered sections of Academy Park Tuesday. The grass is being restored after damage from Occupy's three-month-long encampment.

Tom Rostocki, 50, a mechanic from Colonie, wore a tent costume to the morning protest. He said he joined the Occupy movement with his 3-year-old daughter in mind "because it might be too late to change things in my lifetime."

The protesters began the rally with a march across city streets. With police blocking traffic in front of them, the protesters weaved down State Street, Pearl Street, Broadway and back to Lafayette Park, stopping at a Bank of America branch, a Verizon office, the State Education headquarters and the Greyhound bus station to shout anti-corporate chants.

The afternoon scene drew curious and perplexed onlookers, many of whom whipped out cellphones to capture a picture or video. The protesters often shouted "Come join us" to many of the pedestrians, none of whom appeared to slide into the march.